BATAS PAMBANSA

BLG. 232
AN ACT PROVIDING FOR THE ESTABLISHMENT AND
MAINTENANCE OF AN INTEGRATED SYSTEM OF
EDUCATION
I. GENERAL PROVISIONS
CHAPTER 1 – PRELIMINARY
MATTERS
 Section 1. Title - This Act shall be known as the
"Education Act of 1982."

 Section 2. Coverage - This Act shall apply to and

govern both formal and non-formal systems in public
and private schools in all levels of the entire
educational system.
CHAPTER 2- Declaration of Basic
State Policy and Objectives
Section 3. Declaration of Basic Policy - It is the policy of the State to established
and maintain a complete, adequate and integrated system of education relevant to
the goals of national development. Toward this end, the government shall ensure,
within the context of a free and democratic system, maximum contribution of the
educational system to the attainment of the following national developmental goals:

1. To achieve and maintain an accelerating rate of economic development and social

progress;
2. To ensure the maximum participation of all the people in the attainment and
enjoyment of the benefits of such growth; and
3. To achieve and strengthen national unity and consciousness and preserve, develop
and promote desirable cultural, moral and spiritual values in a changing world.
CHAPTER 2- Declaration of Basic
State Policy and Objectives
Section 4. Declaration of Objectives - The educational system aim to:

1. Provide for a broad general education that will assist each individuals in the peculiar ecology of his own
society, to
(a) attain his potentials as a human being;
(b) enhance the range and quality of individual and group participation in the basic functions of society; and
(c) acquire the essential educational foundation of his development into a productive and versatile citizen;

2. Train the nation's manpower in the middle-level skills for national development;

3. Develop the profession that will provide leadership for the nation in the advancement of knowledge for
improving the quality of human life; and

4. Respond effectively to changing needs and conditions of the nation through a system of educational
planning and evaluation.
II. THE EDUCATIONAL
COMMUNITY
CHAPTER 1- Preliminary
Provisions
 Section 5. Declaration of Policy and Objectives - It is likewise
declared government policy to foster, at all times, a spirit of shared
purposes and cooperation among the members and elements of the
educational community, and between the community and other
sectors of society, in the realization that only in such an atmosphere
can be true goals and objectives of education be fulfilled.
 Section 6. Definition and Coverage - "Educational community" refers
to those persons or groups of persons as such or associated in
institutions involved in organized teaching and learning systems.
CHAPTER 1- Preliminary
Provisions
 Section 7. Community Participation. - Every educational
institution shall provide for the establishment of
appropriate bodies through which the members of the
educational community may discuss relevant issues, and
communicate information and suggestions for assistance and
support of the school and for the promotion of their
common interest.
CHAPTER 2 - Rights
 Section 8. Rights of Parents - In addition to other rights under
existing laws, all parents who have children enrolled in a school have
the following rights:
1. The right to organize by themselves and/or with teachers for the
purpose of providing a forum for the discussion of matters relating to
the total school program, and for ensuring the full cooperation of
parents and teachers in the formulation and efficient implementation
of such programs.
2.The right to access to any official record directly relating to the
children who are under their parental responsibility.
CHAPTER 2- Rights
 Section 9. Right of Students in School - In addition to other rights, and subject to the
limitation prescribed by law and regulations, and student and pupils in all schools shall
enjoy the following rights:

1. The right to receive, primarily through competent instruction, relevant quality

education in line with national goals and conducive to their full development as person with
human dignity.
2. The right to freely chose their field of study subject to existing curricula and to
continue their course therein up to graduation, except in cases of academic deficiency, or
violation of disciplinary regulations.
3. The right to school guidance and counseling services for decisions and selecting the
alternatives in fields of work suited to his potentialities.
4. The right of access to his own school records, the confidentiality of which the school
shall maintain and preserve.
CHAPTER 2- Rights
5. The right to the issuance of official certificates, diplomas, transcript of records,
grades, transfer credentials and other similar documents within thirty days from request.
6. The right to publish a student newspaper and similar publications, as well as the
right to invite resource persons during assemblies, symposia and other activities of similar
nature.
7. The right to free expression of opinions and suggestions, and to effective channels
of communication with appropriate academic channels and administrative bodies of the
school or institution.
8. The right to form, establish, join and participate in organizations and societies
recognized by the school to foster their intellectual, cultural, spiritual and physical
growth and development, or to form, establish, join and maintain organizations and
societies for purposes not contrary to law.
9. The right to be free from involuntary contributions, except those approved by their
own he organizations or societies.
CHAPTER 2- Rights
Section 10. Rights of all School Personnel - In addition to other rights provided for by law, the
following rights shall be enjoyed by all school personnel:
1. The right to free expression of opinion and suggestions, and to effective channels of
communication with appropriate academic and administrative bodies of the school or
institution.
2. The right to be provided with free legal service by the appropriate government office in
the case of public school personnel, and through the school authorities concerned in the case
of private school personnel, when charged in an administrative, civil and/or criminal
proceedings by parties other than the school or regulatory authorities concerned for actions
committed directly in the lawful discharge of professional duties and/or in defense of school
policies.
3. The right to establish, join and maintain labor organizations and/or professional and
self-regulating organizations of their choice to promote their welfare and defend their
interests.
4. The right to be free from involuntary contributions except those imposed by their own
organizations.
CHAPTER 2- Rights
Section 11. Special Rights and/or Privileges of Teaching or Academic Staff - Further to the rights
mentioned in the preceding Section, every member of the teaching or academic staff shall enjoy
the following rights and/or privileges:

1. The right to be free from compulsory assignments not related to their duties as defined in their
appointments or employment contracts, unless compensated therefor, conformably to existing
law.

2. The right to intellectual property consistent with applicable laws.

3. Teachers shall be deemed persons in authority when in the discharge of lawful duties and
responsibilities, and shall, therefore, be accorded due respect and protection.

4. Teachers shall be accorded the opportunity to choose alternative career lines either in school
administration, in classroom teaching, or others, for purposes of career advancement.
CHAPTER 2- Rights
Section 12. Special Rights of School Administration - School administrators shall, in
accordance with existing laws, regulations and policies of the Ministry of Education, Culture
and Sports, be accorded sufficient administrative discretion necessary for the efficient and
effective performance of their functions.
School administrators shall be deemed persons in authority while in the discharge of lawful
duties and responsibilities, and shall therefore be accorded due respect and protection.

Section 13. Rights of Schools - In addition to other rights provided for by law, schools shall
enjoy the following:
1. The right of their governing boards or lawful authorities to provide for the proper
governance of the school and to adopt and enforce administrative or management systems.
2. The right for institutions of higher learning to determine on academic grounds who shall
be admitted to study, who may teach, and what shall be subjects of the study and research.
CHAPTER 3- Duties and
Obligations
Section 14. Duties of Parents. - In addition to those provided for under
existing laws, all parents shall have the following duties and
obligations:
1. Parents, individually or collectively, through the school systems,
shall help carry out the educational objectives in accordance with
national goals.
2. Parents shall be obliged to enable their children to obtain
elementary education and shall strive to enable them to obtain
secondary and higher education in the pursuance of the right formation
of the youth.
3. Parents shall cooperate with the school in the implementation of
the school program curricular and co-curricular.
CHAPTER 3- Duties and
Obligations
Section 15. Duties and Responsibilities of Students - In addition to those provided for under
existing laws, every student shall:
1. Exert his utmost to develop his potentialities for service, particularly by undergoing an
education suited to his abilities, in order that he may become an asset to his family and to
society.
2. Uphold the academic integrity of the school, endeavor to achieve academic excellence
and abide by the rules and regulations governing his academic responsibilities and moral
integrity.
3. Promote and maintain the peace and tranquility of the school by observing the rules and
discipline, and by exerting efforts to attain harmonious relationships with fellow students, the
teaching and academic staff and other school personnel.
4. Participate actively in civic affairs and in the promotion of the general welfare,
particularly in the social, economic and cultural development of his community and in the
attainment of a just, compassionate and orderly society.
5. Exercise his rights responsibly in the knowledge that he is answerable for any
infringement or violation of the public welfare and of the rights of others.
CHAPTER 3- Duties and
Obligations
Section 16. Teacher's Obligations - Every teacher shall:
1. Perform his duties to the school by discharging his responsibilities in accordance with
the philosophy, goals, and objectives of the school.
2. Be accountable for the efficient and effective attainment of specified learning
objectives in pursuance of national development goals within the limits of available school
resources.
3. Render regular reports on performance of each student and to the latter and the latter's
parents and guardians with specific suggestions for improvement.
4. Assume the responsibility to maintain and sustain his professional growth and
advancement and maintain professionalism in his behavior at all times.
5. Refrain from making deductions in students' scholastic rating for acts that are clearly
not manifestations of poor scholarship.
6. Participate as an agent of constructive social, economic, moral, intellectual, cultural
and political change in his school and the community within the context of national policies.
CHAPTER 3- Duties and
Obligations
Section 17. School Administrators' Obligations - Every school administrator shall:
1. Perform his duties to the school by discharging his responsibilities in accordance with the
philosophy, goals and objectives of the school.
2. Be accountable for the efficient and effective administration and management of the school.
3. Develop and maintain a healthy school atmosphere conducive to the promotion and
preservation of academic freedom and effective teaching and learning, and to harmonious and
progressive school-personnel relationship.
4. Assume and maintain professional behavior in his work and in dealing with students, teachers,
academic non-teaching personnel, administrative staff, and parents or guardians.
5. Render adequate reports to teachers, academic non-teaching personnel and non-academic
staff on their actual performance in relation to their expected performance and counsel them on
ways of improving the same.
6. Observe due process, fairness, promptness, privacy, constructiveness and consistency in
disciplining his teachers and other personnel.
7. Maintain adequate records and submit required reports to the Ministry of Education, Culture
and Sports.
CHAPTER 3- Duties and
Obligations
Section 18. Obligations of Academic Non-Teaching
Personnel - Academic non-teaching personnel shall:
1. Improve himself professionally be keeping abreast of
the latest trends and techniques in his profession.
2. Assume, promote and maintain an atmosphere
conducive to service and learning.
3. Promote and maintain an atmosphere conducive to
service and learning.
III. THE EDUCATIONAL
SYSTEM
CHAPTER 1- Formal Education
Section 19. Declaration of Policy. - The State recognizes that formal education, or the school
system, in society's primary learning system, and therefore the main instrument for the achievement
of the country's educational goals and objectives.\
Section 20. Definition - "Formal Educational" refers to the hierarchically structured and
chronologically graded learning organized and provided by the formal school system and for which
certification is required in order for the learner to progress through the grades or move to higher
levels. Formal education shall correspond to the following levels:
1. Elementary Education. - the first stage of compulsory, formal education primarily concerned
with providing basic education and usually corresponding to six or seven grades, including pre-school
programs.

2. Secondary Education. - the state of formal education following the elementary level
concerned primarily with continuing basic education and expanding it to include the learning of
employable gainful skills, usually corresponding to four years of high school.

3. Tertiary Education. - post secondary schooling is higher education leading to a degree in a

specific profession or discipline.
CHAPTER 1- Formal Education
Section 21. Objectives of Elementary Education - The objectives of elementary education
are:
1. To provide the knowledge and develop the skills, attitudes, and values essential to
personal development and necessary for living in and contributing to a developing and changing
social milieu;

2. To provide learning experiences which increase the child's awareness of and

responsiveness to the changes in and just demands of society and to prepare him for
constructive and effective involvement;

3. To promote and intensify the child's knowledge of, identification with, and love for the
nation and the people to which he belongs; and

4. To promote work experiences which develop the child's orientation to the world of work
and creativity and prepare himself to engage in honest and gainful work.
CHAPTER 1- Formal Education
Section 22. Objectives of Secondary Education. - The objectives of secondary education are:
1. To continue to promote the objectives of elementary education; and
2. To discover and enhance the different aptitudes and interests of the students so as to
equip him with skills for productive endeavor and/or prepare him for tertiary schooling.

Section 23. Objective of Tertiary Education. - The objectives of tertiary education are:
1. To provide a general education program that will promote national identity, cultural
consciousness, moral integrity and spiritual vigor;
2. To train the nation's manpower in the skills required for national development;
3. To develop the professions that will provide leadership for the nation; and
4. To advance knowledge through research work and apply new knowledge for improving
the quality of human life and responding effectively to changing societal needs and conditions.
CHAPTER 2- Non-Education and
Specialized Educational Services
Section 24. Specialized Educational Service - The State further recognizes its responsibility to
provide, within the context of the formal education system, services to meet special needs of
certain clientele. These specific types, which shall be guided by the basic policies of the State
embodied in the General Provisions of this Act, include:
1. "Work Education," or "Practical Arts," as a program of basic education which aims to develop
the right attitudes towards work; and "technical-vocational education," post-secondary but non-
degree programs leading to one, two, or three year certificates in preparation for a group of
middle-level occupations.
2. "Special Education," the education of persons who are physically, mentally, emotionally,
socially, or culturally different from the so-called "normal" individuals that they require
modification of school practices/services to develop them to their maximum capacity; and
3. "Non-formal Education," any organized school-based educational activities undertaken by the
Ministry of Education, Culture and Sports and other agencies aimed at attaining specific
learning objectives for a particular clientele, especially the illiterates and the out-of-school
youth and adults, distinct from and outside the regular offerings of the formal school system.
CHAPTER 2- Non-Education and
Specialized Educational Services
The objectives of non-formal education are as follows:

a. To eradicate illiteracy and raise the level of functional literacy of the population;

b. To provide unemployed and underemployed youth and adults with appropriate

vocational/technical skills to enable them to become more productive and effective
citizens; and

c. To develop among the clientele of non-formal education proper values and

attitudes necessary for personal, community and national development.
CHAPTER 3- Establishment of
Schools
Section 25. Establishment of Schools - All schools shall be established
in accordance with law. The establishment of new national schools and
the conversion of existing schools from elementary to national
secondary or tertiary schools shall be by law: Provided, That any
private school proposed to be established must incorporate as an non-
stock educational corporation in accordance with the provisions of the
Corporation Code of the Philippines. This requirement to incorporate
may be waived in the case of family-administered pre-school
institutions.

Government assistance to such schools for educational programs shall

be used exclusively for that purpose.
CHAPTER 3- Establishment of
Schools
Section 26. Definition of Terms - The terms used in this Chapter are
defined as follows:

1. "Schools" are duly established institutions of learning or

educational institutions.

2. "Public Schools" are educational institutions established and

administered by the government.

3. "Private Schools" are educational institutions maintained and

administered by private individuals or groups.
CHAPTER 3- Establishment of
Schools
Section 27. Recognition of Schools - The educational operations of
schools shall be subject to their prior authorization of the government,
and shall be affected by recognition. In the case of government
operated schools, whether local, regional, or national, recognition of
educational programs and/or operations shall be deemed granted
simultaneously with establishment.

In all other case the rules and regulations governing recognition shall
be prescribed and enforced by the Ministry of Education, Culture and
Sports defining therein who are qualified to apply, providing for a
permit system, stating the conditions for the grant of recognition and
for its cancellation and withdrawal, and providing for related matters.
CHAPTER 3- Establishment of
Schools
Section 28. Effects of Recognition; Punishable Violations - The issuance of a certificate
of recognition to a school shall have the following effects:
1. It transforms the temporary permit to a permanent authority to operate;
2. It entitled the school or college to give the students who have completed the
course for which recognition is granted, a certificate, title or diploma; and
3. It shall entitle the students who have graduated from said recognized course or
courses to all the benefits and privileges enjoyed by graduates in similar courses of
studies in all schools recognized by the government.
Operation of schools and educational programs without authorization, and/or operation
thereof in violation of the terms of recognition, are hereby declared punishable
violations subject to the penalties provided in this Act.

Section 29. Voluntary Accreditation - The Ministry shall encourage programs of

voluntary accreditation for institution which desire to meet standards of quality over
and above minimum required for State recognition.
CHAPTER 4- Internal
Organization of Schools
Section 30. Organization of Schools - Each school shall establish such
internal organization as will best enable it to carry out its academic
and administrative functions, subject to limitations provided by law.
Each school establish such arrangements for the peaceful settlement of
disputes between or among the members of the educational
community.
Section 31. Governing Board - Every government college or university
as a tertiary institution and every private school shall have a
governing board pursuant to its charter or the Corporation Code of the
Philippines, as the case may be.
CHAPTER 4- Internal
Organization of Schools
Section 32. Personnel Transactions - The terms and conditions
of employment of personnel in government schools shall be governed
by the Civil Service, budgetary and compensation laws and rules.
In private schools, dispute arising from employer-employee relations shall
fall under the jurisdiction of the Ministry of Labor and Employment as
provided for by law regulations: Provided, That in view of the special
employment status of the teaching and academic non-teaching
personnel, and their special roles in the advancement of knowledge,
standards set or promulgated jointly by the Ministry of Education,
Culture and Sports and by the Ministry of Labor and Employment shall be
applied by the Ministry of Labor and Employment: Provided, further,
That every private school shall establish and implement an appropriate
system within the school for the prompt and orderly settlement of
provisions of Articles 262 and 263 of the Labor Code.
CHAPTER 5- School Finance
and Assistance
Section 33. Declaration of Policy - It is hereby declared to be the
policy of the State that the national government shall contribute to
the financial support of educational programs pursuant to goals of
education as declared in the Constitution. Towards this end, the
government shall:
1. Adopt measures to broaden access to education through financial
assistance and other forms of incentives to schools, teachers, pupils
and students; and
2. Encourage and stimulate private support to education through, inter
alia, fiscal and other assistance measures.
CHAPTER 5- School Finance
and Assistance
A. FUNDING OF REPUBLIC SCHOOLS
Section 34. National Funds - Public school shall continue to be funded from
national funds: Provided, That local governments shall be encouraged to
assume operation of local public schools on the basis of national fund
participation and adequate revenue sources which may be assigned by the
national government for the purpose.
Section 35. Financial Aid Assistance to Public Secondary Schools - The
national government shall extend financial aid and assistance to public
secondary schools established and maintained by local governments,
including barangay high schools.
Section 36. Share of Local Government - Provinces, cities and
municipalities and barangays shall appropriate funds in their annual
budgets for the operation and maintenance of public secondary schools on
the basis of national fund participation.
CHAPTER 5- School Finance
and Assistance
Section 37. Special Education Fund - The proceeds of the Special
Education Fund accruing to local governments shall be used
exclusively for the purposes enumerated in Section 1 of Republic Act
No. 5447, and in accordance with rules and regulations issued by the
Ministry of Education, Culture and Sports and the Ministry of the
Budget. Said proceeds shall be considered a local fund and shall be
subject to Presidential Decrees No. 477, Presidential Decree No. 1375
and other applicable local budget laws and regulations.
Section 38. Tuition and other School Fees - Secondary and post-
secondary schools may charge tuition and other school fees, in order
to improve facilities or to accommodate more students.
CHAPTER 5- School Finance
and Assistance
Section 39. Income from other Sources - Government-
supported educational institution may receive grants, legacies,
donations and gifts for purposes allowed by existing laws.
Furthermore, income generated from production activities and from
auxiliary enterprises may be retained and used for schools concerned
in accordance with rules and regulations jointly issued consistently
with pertinent appropriation and budgetary laws by the Ministry of the
Budget, the Ministry of Education, Culture and Sports and the
Commission on Audit.
CHAPTER 5- School Finance
and Assistance
B. FUNDING OF PRIVATE SCHOOLS
Section 40. Funding of Private Schools - Private schools may be funded from their
capital investment or equity contributions, tuition fees and other school charges,
grants, loans, subsidies, passive investment income and income from other sources.
Section 41. Government Assistance - The government, in recognition of their
complementary role in the educational system, may provide aid to the programs of
private schools in the form of grants or scholarships, or loans from government
financial institutions: Provided, That such programs meet certain defined
educational requirements and standards and contribute to the attainment of
national development goals.
Section 42. Tuition and Other Fees - Each private school shall determine its rate of
tuition and other school fees or charges. The rates and charges adopted by schools
pursuant to this provision shall be collectible, and their application or use
authorized, subject to rules and regulations promulgated by the Ministry of
Education, Culture and Sports.
CHAPTER 5- School Finance
and Assistance
Section 43. Income from Other Sources - Any private school duly
recognized by the government, may receive any grant and legacy,
donation, gift, bequest or devise from any individual, institution,
corporation, foundation, trust of philanthropic organization, or
research institution or organization as may be authorized by law.
Furthermore, private schools are authorized to engage in any auxiliary
enterprise to generate income primarily to finance their educational
operations and/or to reduce the need to increase students' fees.
Section 44. Institutional Funds - The proceeds from tuition fees and
other school charges, as well as other income of schools, shall be
treated as institutional funds. Schools may pool their institutional
funds, in whole or in part, under joint management for the purpose of
generating additional financial resources.
CHAPTER 5- School Finance
and Assistance
C. INCENTIVES TO EDUCATION
Section 45. Declaration of Policy - It is the policy of the State in the pursuit
of its national education development goals to provide an incentive program
to encourage the participation of the community in the development of the
educational sector.
Section 46. Relating to School Property - Real property, such as lands,
buildings and other improvements thereon used actually, directly and
exclusively for educational purposes shall be subject to the real property tax
based on an assessment of fifteen per cent of the market value of such
property: Provided, That all the proceeds from the payment thereof shall
accrue to a special private education fund which shall be managed and
disbursed by a local private school board which shall be constituted in each
municipality or chartered city with private educational institutions with the
mayor or his representative as chairman and not more than two
representatives of the institutional taxpayers
CHAPTER 5- School Finance
and Assistance
 and, likewise, not more than two residents of the municipality or chartered
city who are alumni of any of the institutional taxpayers as members:
Provided, further, That fifty percent of the additional one percent tax on
real estate property provided for under Republic Act 5447, shall accrue to
the special private education fund: Provided, finally, That in municipalities
or chartered cities wherein the number of private institutions with
individual enrollment of pupils and students over five thousand exceeds
fifteen, the members of the private school board shall be increased to not
more than fourteen members determined proportionately by the Minister of
Education, Culture and Sports. The private school board shall adopt its own
rules which shall enable it to finance the annual programs and projects of
each institutional taxpayer for the following purposes; student-pupil
scholarships; improvement of instructional, including laboratory, facilities
and/or equipment; library books and periodicals acquisition; and extension
service in the community, in that order of priority.
CHAPTER 5- School Finance
and Assistance
 Section 47. Relating to Gifts or Donations to Schools - All gifts or donation
in favor of any school, college or university recognized by the Government
shall not be subject to tax; Provided, That such gifts or donations shall be
for improvement of classrooms and laboratory of library facilities, and shall
not inure to the benefit of any officer, director, official, or owner or owners
of the school, or paid out as salary, adjustments or allowance of any form or
nature whatsoever, except in support of faculty and/or professorial chairs.
Section 48. Relating to Earnings from Established Scholarship Funds - All
earnings from the investment of any duly established scholarship fund of
any school recognized by the government, constituted from gifts to the
school, and/or from contributions or other resources assigned to said fund
by the school, if said earnings are actually used to fund additional
scholarship grants to financially deserving students shall be exempt from
tax until the scholarship fund is fully liquidated, when the outstanding
balance thereof shall be subject to tax.
CHAPTER 5- School Finance
and Assistance
 Section 49. School Dispersal Program - All gains realized from the sale,
disposition or transfer of property, real or personal, of any duly established
private school, college or university, in pursuance of a school dispersal
program of the government or of the educational institution as approved by
the government, shall be considered exempt from tax if the total proceeds
of the sale are reinvested in a new or existing duly established school,
college, or university located in the dispersal site, within one (1) year from
the date of such sale, transfer or disposition; otherwise, all taxes due on
the gains realized from the transaction shall immediately become due and
payable.
Section 50. Conversion to Educational Foundations - An educational
institution may convert itself into a non-stock, non-profit educational
foundation, in accordance with the implementing rules to be issued jointly
by the Ministry of Education, Culture and Sports and the Ministry of
Finance.
CHAPTER 5- School Finance
and Assistance
 In the case of stock corporations, if for any reason its corporate
existence as an educational institution ceases and is not renewed, all
its net assets after liquidation of the liabilities and other obligations
may be conveyed and transferred to any non-profit educational
institution or successor non-profit educational institution or to be used
in such manner as in the judgment of said court will best accomplish
the general purposes for which the dissolved organization was
organized, or to the State.
CHAPTER 5- School Finance
and Assistance
 D. ASSISTANCE TO STUDENTS
Section 51. Government Assistance to Students - The government shall provide financial
assistance to financially disadvantaged and deserving students. Such assistance may be in
the form of State scholarships, grants-in-aid, assistance from the Educational Loan Fund,
or subsidized tuition rates in State colleges and universities.
All the above and similar assistance programs shall provide for reserve quotas for financially
needed but academically qualified students from the national cultural communities.
Section 52. Grant of Scholarship Pursuant to Existing Laws - Educational institutions shall
be encouraged to grant scholarships to students pursuant to the provisions of existing laws
and such scholarship measures as may hereafter be provided for by law.
Section 53. Assistance from the Private Sector - The private sector, especially educational
institutions, business and industry, shall be encouraged to grant financial assistance to
students, especially those undertaking research in the fields of science and technology or
in such projects as may be necessary within the context of national development.
 IV. THE MINISTRY OF
EDUCATION, CULTURE
AND SPORTS
CHAPTER 1- GENERAL
PROVISIONS
 Section 54. Declaration of Policy - The administration of the education
system and, pursuant to the provisions of the Constitution, the supervision
and regulation of educational institutions are hereby vested in the Ministry
of Education, Culture and Sports, without prejudice to the provisions of the
charter of any state college and university.
Section 55. Organization - The Ministry shall be headed by the Minister of
Education, Culture and Sports who shall be assisted by one or more
Deputy Ministers.
The organization of the Ministry shall consist of (a) the Ministry Proper
composed of the immediate Office of the Minister, and the Services of the
Ministry, (b) the Board of Higher Education, which is hereby established,
(c) 
CHAPTER 1- GENERAL
PROVISIONS
The Bureau of Elementary Education, the Bureau of Secondary Education, the Bureau of
Higher Education, the Bureau of Technical and Vocational Education, and the Bureau of
Continuing Education, which are hereby established, (d) Regional offices and field
offices, (e) the National Scholarship Center and such other agencies as are now or may be
established pursuant to law, and (f) the cultural agencies, namely: the National Library,
the National Historical Institute, the National Museum, and the Institute of National
Language. Such of the above offices as are created or authorized to be established under
this provision, shall be organized and staffed and shall function, subject to the approval
of the President, upon recommendation of the Minister of Education, Culture and Sports
in consultation with the Presidential Commission on Reorganization.
Section 56. The National Board of Education is hereby abolished, and its appropriations,
personnel, records, and equipment are hereby transferred to the Office of the Minister
of Education, Culture and Sports.
CHAPTER 1- GENERAL
PROVISIONS
Section 57. Functions and Powers of the Ministry - The Ministry shall:
1. Formulate general education objectives and policies, and adopt long-range
educational plans;
2. Plan, develop and implement programs and projects in education and culture;
3. Promulgate rules and regulations necessary for the administration, supervision
and regulation of the educational system in accordance with declared policy;
4. Set up general objectives for the school system;
5. Coordinate the activities and functions of the school system and the various
cultural agencies under it;
6. Coordinate and work with agencies concerned with the educational and cultural
development of the national cultural communities; and
7. Recommend and study legislation proposed for adoption.
CHAPTER 1- GENERAL
PROVISIONS
Section 58. Report to the Batasang Pambansa. - The Minister of
Education, Culture and Sports shall make an annual report to the
Batasang Pambansa on the implementation of the national basic
education plan, the current condition of the education programs, the
adequacy or deficiency of the appropriations and status of
expenditures, the impact of education on the different regions, the
growth of enrollment, the adequacy of academic facilities, the
concentration of low income groups, or the supply of teaching and
non-teaching personnel, with such comments and appropriate
recommendations thirty (30) days before the opening of its regular
session.
CHAPTER 2- BOARD OF
HIGHER EDUCATION
Section 59. Declaration of Policy - Higher education will be granted
towards the provision of better quality education, the development of
middle and high-level manpower, and the intensification of research
and extension services. The main thrust of higher education is to
achieve equity, efficiency, and high quality in the institutions of
higher learning both public and private, so that together they will
provide a complete set of program offerings that meet both national
and regional development needs.
CHAPTER 2- BOARD OF
HIGHER EDUCATION
Section 60. Organization of the Board of Higher Education - The Board of
Higher Education is reconstituted as an advisory body to the Minister of
Education, Culture and Sports. The Board shall be composed of a Deputy
Minister of Education, Culture and Sports designated as Chairman and four
other members to be appointed by the President of the Philippines upon
nomination by the Minister of Education, Culture and Sports for a term of four
years. The four members shall have distinguished themselves in the field of
higher education and development either in the public or private sector. In
the initial appointment of the non-ex officio members, the first appointee
shall serve for a term of four years; the second for a term of three years; the
third for a term of two years; and the fourth for a term of one year. The
Director of the Bureau of Higher Education shall participate in the
deliberation of the Board but without the right to vote. The Bureau of Higher
Education shall provide the Board with the necessary technical and staff
support: Provided, That the Board may create technical panels of experts in
the various disciplines as the need arises.
CHAPTER 2- BOARD OF
HIGHER EDUCATION
Section 61. Function of the Board of Higher Education. - The Board
shall:
1. Make policy recommendations regarding the planning and
management of the integrated system of higher education and the
continuing evaluation thereof.
2. Recommend to the Minister of Education, Culture and Sports steps to
improve the governance of the various components of the higher
education system at national and regional levels.
3. Assist the Minister of Education, Culture and Sports in making
recommendation relatives to the generation of resources and their
allocation for higher education.
CHAPTER 3- THE BUREAUS
Section 62. Bureau of Elementary Education - The Bureau shall
perform the following functions:
1. Conduct studies and formulate, develop, and evaluate programs and
educational standards for elementary education;
2. Undertake studies necessary for the preparation of prototype
curricular designs, instructional materials, and teacher training
programs for elementary education; and
3. Formulate guidelines to improve elementary school physical plants
and equipment, and general management of these schools.
CHAPTER 3- THE BUREAUS
Section 63. Bureau of Secondary Education - The Bureau shall perform
the following functions:
1. Conduct studies and formulate, develop and evaluate programs and
educational standards for secondary education;
2. Develop curricular designs, prepare instructional materials, and
prepare and evaluate programs to update the quality of the teaching
and non-teaching staff at the secondary level;
3. Formulate guidelines to improve the secondary school physical plants
and equipment, and general management of these schools.
CHAPTER 3- THE BUREAUS
Section 64. Bureau of Technical and Vocational Education. - The
Bureau shall perform the following:
1. Collaborate with other agencies in the formulation of manpower
plans;
2. Conduct studies, formulate, develop and evaluate post-secondary
vocational-technical programs and recommend educational standards
for these programs;
3. Develop curricular designs and prepare instructional materials,
prepare and evaluate programs to upgrade the quality of teaching and
non-teaching staff, and formulate guidelines to improve the physical
plant and equipment of post-secondary vocational-technical schools.
CHAPTER 3- THE BUREAUS
Section 65. Bureau of Higher Education - The Bureau of higher
Education shall perform the following functions:
1. Develop, formulate and evaluate programs, projects and educational
standards for a higher education;
2. Provide staff assistance to the Board of Higher Education in its policy
formulation and advisory functions;
3. Provide technical assistance to encourage institutional development
programs and projects;
4. Compile, analyze and evaluate data on higher education; and
5. Perform other functions provided for by law.
CHAPTER 4- REGIONAL
OFFICES
Section 67. Functions - A regional office shall:
1. Formulate the regional plan of education based on the national plan
of the Ministry taking into account the specific needs and special
traditions of the region;
2. Implement education laws, policies, plans, programs, rules and
regulations of the Ministry or agency in the regional area;
3. Provide economical, efficient and effective education services to the
people in the area.
V. MISCELLANEOUS
PROVISIONS
CHAPTER 1- PENAL
ADMINISTRATIVE SANCTIONS
Section 68. Penalty Clause - Any person upon conviction for an act in
violation of Section 28, Chapter 3, Title III above, shall be punished
with a fine of not less than two thousand pesos (P2,000.00) nor more
than ten thousand pesos (P10,000.00) or imprisonment for a maximum
period of two (2) years, or both, in the discretion of the court.
If the act is committed by a school corporation, the school head
together with the person or persons responsible for the offense or
violation shall be equally liable.
CHAPTER 1- PENAL
ADMINISTRATIVE SANCTIONS
Section 69. Administrative Sanction - The Minister of Education, Culture and Sports
may prescribe and impose such administrative sanction as he may deem reasonable
and appropriate in the implementing rules and regulations promulgated pursuant to
this Act for any of the following causes:
1. Mismanagement of school operations;
2. Gross inefficiency of the teaching or non-teaching personnel;
3. Fraud or deceit committed in connection with the application for Ministry permit or
recognition;
4. Failure to comply with conditions or obligations prescribed by this Code or its
implementing rules and regulations; and
5. Unauthorized operation of a school or course, or any component thereof, or any
violation of the requirement governing advertisements or announcements of
educational institutions.
Sanctions against the schools shall be without prejudice to the interest of the students,
teachers and employees.
CHAPTER 2- ADMINISTRATIVE
PROVISIONS
Section 70. Rule-making Authority - The Minister Education, Culture
and Sports charged with the administration and enforcement of this
Act, shall promulgate the necessary implementing rules and
regulations.
Section 71. Separability Provision - Any part or provision of this Act
which may held invalid or unconstitutional shall not affect its
remaining parts of provisions.
Section 72. Repealing Clause - All laws or parts thereof inconsistent
with any provision of this Act shall be deemed repealed or modified,
as the case may be.
Section 73. Effectivity - This Act shall take effect upon its approval.
Approved, September 11, 1982.